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HomeMy WebLinkAbout1995-09-28MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, SEPTEMBER 28, 1995 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Crites convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Member Robert A. Spiegel M. INVOCATION - Vice Chairman Walter H. Snyder IV. ROLL CALL Present: Member Jean M. Benson Member Richard S. Kelly Vice Chairman Walter H. Snyder Member Robert A. Spiegel Chairman Buford A. Crites Also Present: Carlos L. Ortega, ACM/RDA Executive Director Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Evelyn Bridges, Acting Director of Code Compliance Phil Drell, Acting Director of Community Development Catherine Sass, Community Arts Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. BILL BYRNE addressed the Agency Board and stated he supported the City's contribution to Palm Springs Mayor ProTempore Art Lyons' fund for electrical deregulation and felt the City should contribute more than the $1,000.00 contributed by the City of Cathedral City. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of September 14, 1995, and the Adjourned Joint Meeting of the Palm Desert City Council and Redevelopment Agency of December 22, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 14 and 15. Rec: Approve as presented. C. INVESTMENT PORTFOLIO for August, 1995. Rec: Receive and file. D. REOUEST FOR AMENDMENT to Contract No. C10180 with Reis Neimi for Artwork at the New Multi -Agency Library to Include Additional Funds. Rec: By Minute Motion, amend Contract No. C10180 to include additional funds in the amount of $11,700 for the purpose of installing the Reis Neimi artwork at the new Multi -Agency Library. Upon motion by Benson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. VII. RESOLUTIONS None VIII. CONSENT ITEMS HELD OVER None IX. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF VARIOUS ACTIONS WITH REGARD TO DESERT CROSSING PROJECT (JOINT ITEM WITH THE CITY COUNCIL). Redevelopment Manager Dave Yrigoyen reviewed the staff report and offered to answer any questions. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On behalf of his colleagues, Mayor/Chairman Crites congratulated Lowe Enterprises for the excellence and quality of this development and for bringing sales tax and redevelopment monies to the City. He noted that the President of Oshman's said he had never seen a shopping center with the quality of this center. Councilman/Member Kelly moved to: 1) that the Redevelopment Agency Board, by Minute Motion: a) authorize the execution of the Estoppel Certificate regarding the sale of the Desert Crossing Shopping Center by ACD2 and authorize the Chairman to execute that Certificate; b) approve the Amendment to the Palm Desert Redevelopment Agency Project Area No. 1 Agreement containing covenants affecting real property (Site Area 2) between the Agency and ACD2, and authorize the Chairman to execute said Agreement; c) approve the Certificate of Completion with regard to the completion of the square footage requirement on the Desert Crossing site and authorize the Chairman to execute said Certificate of Completion; and 2) that the City Council, by Minute Motion: a) authorize the execution of the Estoppel Certificate regarding the sale of the Desert Crossing Shopping Center by ACD2 and authorize the Mayor to execute that Certificate; b) authorize the issuance of the Statement Confirming Release of Property from Burdens of Agreement and authorize the Mayor to execute said Statement. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR AWARD OF CONTRACT FOR PROCUREMENT AND INSTALLATION OF SHELVING FOR THE RIVERSIDE CITY/COUNTY PORTION OF THE CITY OF PALM DESERT MULTI -AGENCY LIBRARY. Redevelopment Analyst Dennis Coleman reviewed the staff report and recommendation, noting that if the Board approved staffs recommendation, staff would come back at the next meeting for ratification of the award of the contract. Member Spiegel moved to, by Minute Motion: 1) Allow staff to issue Requests for Proposal for procurement and installation of shelving for the City/County portion of the Multi -Agency Library; 2) allow staff to process a purchase order and/or a contract for the procurement and installation of the shelving at a price not to exceed $100,000.00. Motion was seconded by Kelly and carried by unanimous vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the items for Closed Session listed under Agency Counsel Reports and Remarks. B. AGENCY COUNSEL Request for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) Palm Desert Redevelopment Aeencv v. Bonnett, Riverside County Superior Court, Case No. 079025. 2) Palm Desert Redevelopment Agency v. Palm Desert National Bank, Riverside County Superior Court, Case No. 079025. 3) Palm Desert Redevelopment Agency v. REFCO Capital Corp.. et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIII. ORAL COMMUNICATIONS - B With Agency Board concurrence, Chairman Crites recessed the meeting at 4:20 p.m. for dinner and to hold a Closed Session to consider items listed under Agency Counsel Reports and Remarks. He reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. ORAL COMMUNICATIONS - C None 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF THREE MEMBERS TO THE REDEVELOPMENT AGENCY HOUSING ADVISORY COMMITTEE (Continued from the Meeting of September 14, 1995). Member Spiegel moved to continue this matter to the meeting of October 12, 1995. Motion was seconded by Kelly and carried by unanimous vote. XVII. PUBLIC HEARINGS With regard to the following three public hearings, Mr. Ortega noted that the property owners had been notified of the hearings separately, and the hearings were for those who had been notified pursuant to the law. Those notified were to advise the Executive Director by a certain time if they wished to speak at the hearing; however, he said he would have no problem allowing them to speak without having first notified him. He added that findings that needed to be made by the Agency Board were in the staff reports. A. REOUEST FOR CONSIDERATION OF ACQUISITION OF PROPERTY FOR REDEVELOPMENT (OMNI TRUST). Redevelopment Manager Dave Yrigoyen reviewed the staff report, noting that in order to adopt a resolution of necessity, the Agency Board must find and determine that: 1) The public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the property described in the resolution is necessary for the proposed project; and 4) the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Member Benson moved to: 1) Waive further reading and adopt Resolution No. 315, setting forth environmental findings with regard to the adoption of a resolution of necessity declaring certain real property necessary for public purposes and authorizing the acquisition thereof; 2) waive further reading and adopt Resolution No. 316 declaring certain real property necessary for public purposes and authorizing the acquisition thereof. Said property is a parcel of approximately five acres of vacant land located approximately 1,980 feet north of Country Club Drive and approximately 1,270 feet east of Portola Avenue in the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR CONSIDERATION OF ACQUISITION OF PROPERTY FOR REDEVELOPMENT (SWINIUCH). Redevelopment Manager Dave Yrigoyen reviewed the staff report, noting that in order to adopt a resolution of necessity, the Agency Board must find and determine that: 1) The public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the property described in the resolution is necessary for the proposed project; and 4) the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Member Kelly moved to: 1) Waive further reading and adopt Resolution No. 317 setting forth environmental findings with regard to the adoption of a resolution of necessity declaring certain real property necessary for public purposes and authorizing the acquisition thereof; 2) waive further reading and adopt Resolution No. 318 declaring certain real property necessary for public purposes and authorizing the acquisition thereof. Said property is a parcel of approximately 4.67 acres of vacant land located and fronting along the north side of Country Club Drive approximately 1,980 feet east of Portola Avenue in the City of Palm Desert. Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR CONSIDERATION OF ACQUISITION OF PROPERTY FOR REDEVELOPMENT (MOREY/THORSON). Redevelopment Manager Dave Yrigoyen reviewed the staff report, noting that in order to adopt a resolution of necessity, the Agency Board must find and determine that: 1) The public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the property described in the resolution is necessary for the proposed project; and 4) the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Member Spiegel moved to: 1) Waive further reading and adopt Resolution No. 319 setting forth environmental findings with regard to the adoption of a resolution of necessity declaring certain real property necessary for public purposes and authorizing the acquisition thereof; 2) waive further reading and adopt Resolution No. 320 declaring certain real property necessary for public purposes and authorizing the acquisition thereof. Said property is a parcel of approximately five acres of vacant land located approximately 1,320 feet north of Country Club Drive and approximately 610 feet east of Portola Avenue in the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING br.r i ji 4BER 28, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. ORAL COMMUNICATIONS None XIX. ADJOURNMENT With Agency Board concurrence, Chairman Crites recessed the meeting at 7:25 p.m. to Closed Session. He reconvened the meeting at 7:50 p.m. and immediately adjourned with no action announced from Closed Session. SHEILA R. GII1 GAN, SEC R AARIY TO THE PALM DESERT REDEVELOP AGENCY BUFF9R A. CRITES, CHAIRMAN 7